Saturday, 24 August 2013

By Siobhan Gorman

WASHINGTON—National Security Agency officers on several occasions have channeled their agency’s enormous eavesdropping power to spy on love interests, U.S. officials said.

The practice isn’t frequent — one official estimated a handful of cases in the last decade — but it’s common enough to garner its own spycraft label: LOVEINT.

Spy agencies often refer to their various types of intelligence collection with the suffix of “INT,” such as “SIGINT” for collecting signals intelligence, or communications; and “HUMINT” for human intelligence, or spying.

In the wake of revelations last week that NSA had violated privacy rules on nearly 3,000 occasions in a one-year period, NSA Chief Compliance Officer John DeLongemphasized in a conference call with reporters last week that those errors were unintentional. He did say that there have been “a couple” of willful violations in the past decade. He said he didn’t have the exact figures at the moment.

NSA said in a statement Friday that there have been “very rare” instances of willful violations of any kind in the past decade, and none have violated key surveillance laws. “NSA has zero tolerance for willful violations of the agency’s authorities” and responds “as appropriate.”

The LOVEINT violations involved overseas communications, officials said, such as spying on a partner or spouse. In each instance, the employee was punished either with an administrative action or termination.

Most of the incidents, officials said, were self-reported. Such admissions can arise, for example, when an employee takes a polygraph tests as part of a renewal of a security clearance.

Sen. Dianne Feinstein (D., Calif.), who chairs the Senate intelligence committee, said the NSA told her committee about a set of “isolated cases” that have occurred about once a year for the last 10 years, where NSA personnel have violated NSA procedures.

She said “in most instances” the violations didn’t involve an American’s personal information. She added that she’s seen no evidence that any of the violations involved the use of NSA’s domestic surveillance infrastructure, which is governed by a law known as the Foreign Intelligence Surveillance Act.

“Clearly, any case of noncompliance is unacceptable, but these small numbers of cases do not change my view that NSA takes significant care to prevent any abuses and that there is a substantial oversight system in place,” she said. “When errors are identified, they are reported and corrected.”